7 NZ Transport Agency s Traffic control devices manual part 9 Level crossings Page iv Preface Introduction The NZ Transport Agency s Traffic control devices manual (TCD manual) provides guidance on industry good practice including, where necessary, practice mandated by law. The structure of the TCD manual comprises 10 parts as shown in Table A: Planned structure of the TCD manual. Each part has been developed under the guidance of a representative working group of practitioners experienced in, and having specific knowledge about, the subject. Interested practitioners and affected organisations were given the opportunity to comment on drafts and their input has been incorporated appropriately in the final document. The TCD manual will only be published electronically and will be available on the NZ Transport Agency s (NZTA) website. Relationship with other documents The TCD manual will support and reference: New Zealand legislation and, in particular Railways Act 2005, Public Works Act 1981, New Zealand Railways Corporation Act 1981, Land Transport Act 1998 and rules made pursuant to that Act, including the Land Transport (Road User Rule) Rule 2004, Land Transport Rule: Traffic Control Devices 2004 (Rule 54002) (TCD Rule) and Land Transport Rule: Setting of Speed Limits Note: This manual is subordinate to legislation and any legal access agreements. Professional legal advice should be taken where appropriate the detailed descriptions of devices contained in the companion document Traffic control devices specifications general polices contained in Austroads guides (in particular, the guides to traffic management, traffic design and road safety) by providing detailed guidance to meet specific requirements of New Zealand law and practices New Zealand and, as appropriate, Australian standards codes of practice, guidelines and published standards of various authorities. Each part attempts to provide a broad coverage of the subject but avoids duplicating major elements of referenced documents, preferring to direct readers to the source. The TCD manual and Traffic control devices specifications (TCD specifications) will, on completion, replace the joint Transit New Zealand and Land Transport NZ publication Manual of traffic signs and markings (MOTSAM). Part 9 Level crossings This part was developed with guidance from the Level Crossing Working group, a standing group convened by the NZTA. This group represents rail participants (KiwiRail and Federation of Rail Organisations of New Zealand (FRONZ)), road controlling authorities (RCAs), the Ministry of Transport and the NZTA.

10 NZ Transport Agency s Traffic control devices manual part 9 Level crossings Page Introduction 1.1 Purpose What s in this document? Part 9 Level crossings, is part of a suite of guidelines within the Traffic control devices manual (TCD Manual) prepared by the NZ Transport Agency (NZTA). The document is intended to provide best practice guidance on the use of traffic control devices related to level crossings to both road and rail practitioners. In particular, it builds on the specifications for approved signs, markings and other traffic control devices approved or mandated for use in New Zealand as set down in the Traffic control devices specifications (TCD specifications). While the main intent of the document is to provide guidance on the use of traffic control devices, it also provides some guidance on operational policies affecting traffic movement across level crossings and activity (such as road works) on or adjacent to level crossings. In addition, it briefly describes some relevant duties and responsibilities of rail access providers, rail operators, road controlling authorities (RCAs), adjacent landowners and users Terminology law or good practice This document outlines the legal framework and responsibilities for the design and installation of traffic control devices at or near level crossings. This includes the general principles behind their use at the time the document has been drafted. It should not be used in substitution for professional advice as to compliance with relevant central and local government requirements. The following terminology is used within the document to determine whether an aspect or statement made is a requirement under law or good practice. These terms are: must indicates something that is mandatory or required by law should indicates a recommendation may indicates something that is optional and may be considered for use. 1.2 Level crossings All level crossings must be protected through the use of appropriate traffic control devices. The devices installed will depend on a range of factors including: level crossing type volume and speed of rail, and road traffic mix of road and rail traffic using the level crossing alignment of the approaches to the level crossing other physical attributes of the level crossing and its surrounds.

11 NZ Transport Agency s Traffic control devices manual part 9 Level crossings Page Scope of document This document describes traffic control devices used to control and warn traffic at, and in advance of, level crossings. It specifies the way in which these devices are used to achieve the level of control required for the safety of rail traffic and all road users. It also gives requirements and guidelines on the selection of an appropriate device and on their location and installation. 1.4 Definitions Rail access provider Rail operator Rail participant Railway premises owner The person who controls the use of a railway line by rail operators (including that person if it is also a rail operator), whether or not that person engages rail personnel to exercise or assist in exercising that control on its behalf, but does not include those rail personnel (Railways Act 2005, section 4). A person who provides or operates a rail vehicle, whether or not that person engages rail personnel to do so or to assist in doing so on its behalf, but does not include those rail personnel (Railways Act 2005, section 4). A rail participant may be an infrastructure owner, a rail vehicle owner, a railway premises owner, an access provider, a rail operator, a network controller, a maintenance provider, a railway premises manager or any other class of person prescribed as a rail participant by regulations (Railways Act 2005, section 4). A person who owns, or leases for a period of seven years or more, any railway premises, whether or not that person engages rail personnel to exercise or assist in exercising the rights and duties of ownership on its behalf; but does not include those rail personnel (section 4 Railways Act 2005). 1.5 Engineering judgement This document provides rules, standards and guidance on the use of traffic control devices. However, practitioners should always apply sound engineering judgement in the use and installation of these devices to ensure they will be effective at any particular site.

12 NZ Transport Agency s Traffic control devices manual part 9 Level crossings Page Value for money The Land Transport Management Act 2003 (LTMA) sets out a framework for planning, programming and funding land transport activities. It encourages integrated long-term planning and allows funding flexibility to achieve an affordable, integrated, safe, responsive and sustainable land transport system. The LTMA requires the NZTA and approved organisations which receive payments from the National Land Transport Fund (NLTF) to use this revenue in a manner that seeks value for money. Value for money can be defined in a variety of ways but in general it means selecting the right things to do, implementing them in the right way, at the right time and for the right price. The NZTA s Knowledge base describes processes for funding from the NLTF and is aimed at strategic and tactical levels. The value for money concept which drives those processes should be applied to every element of the road network, including the use of the traffic control devices described in the TCD manual and, in particular, this part. 1.7 All practical steps The Railways Act 2005 has, as its stated purpose, the promotion of rail operation safety and the definition of the duty of rail participants to ensure safety. The Act requires rail participants to take all practicable steps to ensure that no rail activity causes or is likely to cause the death or serious injury of individuals. Thus, there is a duty for rail participants to take all practical steps to provide safety at level crossings. The Act allows for cost to be one of the considerations in determining what constitutes all practical steps. This is consistent with the value for money concept in the LTMA. Participants have limited financial resources and must apply these to manage risks in a cost-effective way. This document describes a risk assessment model, Australian Level Crossing Assessment Model (ALCAM) - see section 3.0 Risk assessment and ALCAM) which utilises the guidelines contained in this document, to determine levels of risk and identify practical and cost-effective remedial measures. ALCAM can then assist in the development and implementation of a prioritised remedial programme for level crossings. In determining remedial measures the practitioner need to consider, but not solely rely on, conventional cost-benefit analysis. Level crossings are different from roads in that the overall risk profile is skewed toward low-probability but highconsequence events (particularly on passenger train routes). In this sense, rail is similar to the aviation industry in that a single event has the potential to have catastrophic consequences. In addition, there are comparatively few accidents at level crossings, meaning that any prioritisation of level crossings needs a more proactive approach (ie ALCAM). As level crossings are the intersection of the rail and road networks their safety requires the integration of value for money and all practical steps. It also requires a partnership between RCAs and rail participants to ensure both are able to meet their statutory objectives.

13 NZ Transport Agency s Traffic control devices manual part 9 Level crossings Page Responsibilities for level crossings 2.1 General principles and powers New Zealand s rail corporation, KiwiRail, is the primary rail access provider in New Zealand. Much of the rail policy described in this document is based on KiwiRail documentation and should generally be compatible with other access providers. However, there are over 70 licensed rail access providers (or operators) whose policies and operating procedures may differ in detail to some degree. It is important, therefore, for both the rail access providers and RCAs to understand their respective legal responsibilities, recognise the possibility of differences in procedures and work closely to ensure level crossings and adjacent roadways, and railway lines operate safely and effectively. Appendix E provides a basic guide to responsibilities of RCAs, rail participants and land owners at level crossings. 2.2 What is a level crossing? Section 4 of the Railways Act 2005 defines a level crossing: (a) means any place where (i) a railway line crosses a road on the same level, or (ii) the public is permitted to cross a railway line on the same level; and (b) includes a bridge used for both rail vehicles and road traffic on the same level; but (c) does not include a railway line on a road that is intended solely for the use of light rail vehicles. In the Railways Act 2005, a road has the same meaning as in section 315 of the Local Government Act 1974, rather than the meaning described in the Land Transport Act As a result, the definition of level crossing in the Railways Act 2005 is narrower than that intended for this document, which includes, eg private and rail operations level crossings. It is important to stress the Railways Act 2005 is not silent on these level crossings and defines a wide range of responsibilities on rail access providers, landowners and users for the safe management of these places. Traffic control devices and road user obligations are defined in legislation made under the Land Transport Act 1998, and, for the purposes of this document, the broader definition of road in that Act is more appropriate. Therefore, a level crossing is defined for the purpose of this document as a place where users of a formed path or road cross a railway line at the same level.

14 NZ Transport Agency s Traffic control devices manual part 9 Level crossings Page Legal status of level crossings Historically, there have been two situations in which the need for a level crossing has arisen. This has resulted in two broad categories of level crossing statutory (since 1894) and deed of grant (of right of way). This document does not deal with any aspect of legal or implied obligations related to cost sharing including construction and maintenance cost Statutory This category arises where the construction of the railway line interferes with the existing rights of a landowner or RCA, and is provided for in two sections of the Public Works Act 1981 (or in similar provisions of earlier statutes after 1894). Section 166(d) provides, in respect of any railway authorised under that or any other Act, the responsible minister may... make the railway on, across, over, or under any road, motorway, access way, service lane, railway, tramway along the defined middle line; and alter the level of any road, access way, motorway, service lane, railway, or tramway for that purpose. Section 169(1) provides that, where the construction of the railway line has cut off all access by road to any land other than Crown land; or separated one piece of the land of any person from another piece of land of that person, the Minister shall provide access to the land so separated. Access can be provided by constructing a new road, access way or service lane, or by provision of a level crossing. Where the land has been subdivided after the construction of the railway, there is no obligation under this section to provide access Deed of grant This category occurs where, sometime after the construction of the railway, an adjacent landowner or RCA seeks the construction of a level crossing. In such cases, level crossings have been created pursuant to a statutory right to grant easements of right of way, as exemplified by section 35 of the New Zealand Railways Corporation Act 1981 (NZRCA) or by exercise of common law powers available to all landowners. Section 35 of the NZRCA allows for the grant by KiwiRail of an easement of right of way across or along any railway owned by KiwiRail. Other operators must rely on common law rights of a landowner for similar powers Section 75 Railways Act 2005 The exercise of powers under both statutory and common law easements will be affected by section 75 of the Railways Act 2005 which governs how access to the railway corridor is managed. Section 75 operates to limit the exercise of some rights under easements and provides protection to railway participants (including licensed access providers, railway premises owners and railway operators (all defined in the Railways Act 2005)), by requiring all third parties seeking access to the rail corridor to obtain the consent of the licensed access provider or railway premises owner (through the permit to enter process) before entering the railway to undertake work on or at a level crossing or railway premises.

15 NZ Transport Agency s Traffic control devices manual part 9 Level crossings Page Maintenance obligations Traffic control devices at public level crossings With respect to statutory level crossings, the obligation to maintain the level crossing appears to lie with the rail access provider or rail operator. The documents granting the easement of right of way under section 35 of the NZRCA or at common law would normally specify which party has responsibility for maintenance of the level crossing, including the installation and maintenance of any traffic control devices. Section 81 of the Railways Act 2005 provides licensed access providers with the power, but not a duty, to install warning devices at level crossings. The determination of the exact level of protection to be provided is at the discretion of the licensed access provider after consultation with other affected persons, including (but not limited to) the relevant RCA and adjacent landowners. Clause 9.2(1) of the TCD Rule imposes a duty on the RCA to install warning signs in advance of a level crossing on a public road, and authorises the installation of such signs on other roads. Clause 9.3(1) imposes a duty to install specified road markings in advance of a level crossing on a road that has a speed limit of 70km/h or more, or that is multilane. Clause 9.2(2) reflects section 81 of the Railways Act 2005, and provides that a rail access provider, after consultation with the RCA, may install warning signs and other traffic control devices at a level crossing. Clauses 9.3(4) and 9.4, however, effectively provide that any access provider that does install warning signs or other traffic control devices at a level crossing must ensure that those signs and other traffic control devices comply with the requirements of the TCD Rule. Table 2.1 Classification of level crossings Statutory (post-1894) Deed of grant (of right of way) Public Section 166 of the Public Works Act 1981 (or earlier provision). Built across existing road. Section 35 of the NZRCA (or earlier provision)/common law. RCA s request for deed of grant for public level crossing where road built across existing railway at nominal rental only. Private Section 169 of the Public Works Act 1981 (or earlier provision). Construction of railway has split land or cut it off from road access. Section 35 of the NZRCA (or earlier provision)/common law. Landowner request for deed of grant for private level crossing to access private property.

16 NZ Transport Agency s Traffic control devices manual part 9 Level crossings Page Types of level crossings Public level crossings Public level crossings can be level crossings on legal roads or on operational railway land. Many of these level crossings are subject to a deed of grant, which sets out the conditions on which each is provided and maintained. There are two types of public level crossings: 1. Pedestrian level crossings These level crossings provide for the passage of foot traffic, mobility devices, wheeled recreational devices and, frequently, cyclists. They may be within a road reserve but separated from the roadway (eg by a berm) or they may be isolated, stand-alone level crossings, including level crossings at station platforms. 2. Vehicular level crossings Vehicular level crossings include all level crossings carrying road vehicles. These level crossings may incorporate adjacent footpaths to cater for pedestrian level crossings of the railway track. Where there are no adjacent footpaths, the vehicular level crossing could also cater for pedestrians, mobility devices and wheeled recreational devices Changes of use or reconfiguration of public level crossings Any proposed change in the use, location or configuration of a level crossing is subject to both the approval of the rail access provider or railway premises owner and the issue of a deed of grant. Changes required to upgrade a level crossing to a new standard by anybody other than the rail access provider must be referred to the rail access provider for agreement Private level crossings Statutory level crossings Statutory level crossings were provided by statute at the time the railway was constructed and were needed to give legal access to severed portions of private land where no other legal access existed. Only one statutory private level crossing can exist per landholding, unless the original landholding had more than 1.6km (one mile) of railway frontage. These level crossings have never been systematically recorded and the statutory right can now only be ascertained by reference to the original land title deeds as they applied immediately before and after the creation of the railway. A private level crossing that may have been a statutory level crossing at the time a particular railway line opened may cease to be so if the severed land it served was later subdivided or had alternative legal access provided to it. In these circumstances, and if the level crossing is to be continued, it would become a private granted level crossing subject to conditions set out in a deed of grant with the appropriate rail access provider. However, many level crossings in this category have not been properly documented following their change of status.

17 NZ Transport Agency s Traffic control devices manual part 9 Level crossings Page Granted level crossings These are private level crossings that have generally been provided subsequent to a railway s opening and for which deeds of grant set out the conditions on which each is provided and maintained. In some circumstances, a statutory private level crossing can alter in status to a granted level crossing and be subject to a deed of grant Non-statutory or non-granted level crossings Private level crossings that are neither statutory nor granted are not legal until formally documented by the appropriate rail access provider Changes of use of granted level crossings Where a deed of grant has been issued for the use of a private level crossing, the grantee may not change the use of that level crossing without the prior written consent of the rail access provider or railway premises owner and an amendment to the deed issued. Where agreement is denied, the level crossing use cannot be changed. RCAs must clarify level crossing status with the rail access provider or railway premises owner where applications for subdivision and road access to the same involve level crossings. This applies regardless of whether the intended use is temporary or permanent Rail operations level crossings Tramway level crossings Rail operations level crossings are level crossings located within rail property (eg marshalling yards, depots or the rail corridor) where the road or path is owned and maintained by the rail access provider or rail operator, Rail operations level crossings are used in the operation of rail business and are generally, although not always exclusively, provided for rail personnel. Thus, these types of level crossing are often not available for general public use and commonly have only limited access (see section 11.0 Requirements for rail operations level crossings). Tramway level crossings are defined as level crossings that are: not in the public domain but are part of heritage or museum operations that are accessible by patrons, or part of street infrastructure that by its nature intersects with road and pedestrian level crossings. It should be noted that tramway level crossings are specifically excluded from the Railways Act 2005 definition of level crossings, as tramways are railway line(s) on a road that (are) intended solely for the use of light rail vehicles (see section 12.0 Requirements for tramway level crossings).

18 NZ Transport Agency s Traffic control devices manual part 9 Level crossings Page New level crossings The provision of new level crossings is discouraged. Preferred alternatives are: grade separation, or closure of one or more existing level crossings where the new level crossing will better cater for the demand and manages risks better than the closed level crossing or crossings. Where there are believed to be no reasonable alternative solutions, applications should be forwarded to the rail access provider or railway premises owner for consideration. The application would be expected to provide detailed justifications and plans. The application is likely to require future projections of likely traffic movements, particularly as they might affect the provision of active control at the level crossing. Any new level crossing would be expected to meet the current design criteria of the rail access provider. The rail access provider may grant temporary (often limited to two years) private level crossings for logging or construction work access, provided design requirements are met. If a new or temporary level crossing is approved, a deed of grant would be required before the level crossing is brought into use. 2.6 Closure of level crossings Many overseas jurisdictions have developed deliberate polices to reduce the number of level crossings. While New Zealand does not have a formal policy to close level crossings, it is clearly desirable to reduce, whenever practicable, the number of level crossings Public level crossings To close a level crossing built across a pre-existing public road, the rail access provider must have an agreement in writing from the RCA. This would normally have followed extensive consultation. Once it is agreed the level crossing is to be closed, public notification of the closing is arranged and the closure follows. There may be other closure clauses included in respect of a deed of grant crossing Private statutory level crossings These may be closed when the consent of the adjoining owner or owners has been obtained. When ownership of land has changed so that there are different owners on opposite sides of the railway line, or where alternative access has become available at a statutory level crossing, the purpose for which the level crossing was originally provided is no longer valid and the level crossing may be closed under section 169 of the Public Works Act 1981.

19 NZ Transport Agency s Traffic control devices manual part 9 Level crossings Page Public and private granted level crossings With granted level crossings, a clause is usually inserted in the deed of grant giving the rail access provider the right to close such level crossings. Where there are valid reasons for closure, the procedure described in the deed of grant is followed Non-statutory or non-granted level crossings Private level crossings that are neither statutory nor granted are not legal until formally documented by the appropriate rail access provider, and may therefore be closed by the rail access provider unless such a grant is sought and obtained. 2.7 Out-of-service railway lines Where a railway line ceases to be used and the period of disuse is likely to be of sufficient duration, the RCA should clarify the status of the level crossings with the rail access provider to ensure appropriate and safe use by road users. When a railway line is unused, regular users may be in the habit of ignoring any warning signs. They are often unprepared for other drivers who slow down or, in the case of passenger service vehicles, actually stop at any level crossing on the unused railway line. For regular users, the warning signs cease to have relevance and their impact when used at other level crossings is reduced, as drivers behaviour at the unused level crossing may be transferred to these other sites. In many cases, traffic will be local only and very low volume, and risks at these sites are extremely low. However, there are implications arising from transferred behaviour patterns or a reduced perception in the value of the standard warning signs. In other more heavily trafficked locations, the behaviour of non-local traffic may lead to increased risks, particularly for local traffic. Taking no action is inconsistent with principles of sound traffic management and formal identification that the railway line is not in use is recommended. As long as signs and railway lines are in place, there are legal obligations on RCAs and road users, particularly the drivers of some types of vehicles. Signs could perhaps be removed but some residual confusion on the part of road users might still persist as long as the railway lines remain. The possibility of the railway line being reopened or some other reason may lead to a reluctance to remove or cover sections of the disused track across roads. Identification may be achieved by the removal of any signals, warning signs or markings and would largely overcome the issues described above. However, as long as the tracks remain across the roadway, there would remain some potential for confusion. Installing a Railway Not In Use (AX12) sign at the level crossing should help overcome this and reinforce the status of the level crossing. The policy for the use of this sign is detailed in section 4.3 Signs used at level crossings.

20 NZ Transport Agency s Traffic control devices manual part 9 Level crossings Page Reopening of railway lines Where a railway line is to be reopened after a period of disuse the rail access provider should advise and work closely with the affected RCAs where level crossings will be reinstated. Actions required at each level crossing should include the following: A risk review and the implementation or programming of appropriate risk mitigation (eg the imposition of short-term limitation on train speed below the line speed that would be normally applied). Installation of necessary signs, markings or other devices including the use of temporary warning signs reminding road users trains are now running (see section 4.0 Traffic signs) Appropriate publicity to ensure regular users of the road are aware that trains will again be using the railway line. 2.9 Trespass Trespass is legally defined in section 73 of the Railways Act It states, in part, that a person must not, without the authority of the appropriate access provider or railway premises owner: enter any railway infrastructure or railway premises encroach on any railway infrastructure or railway premises by constructing or placing any obstacle do any act in which a ditch, drain or watercourse is filled up, diverted, altered, stopped or obstructed dig up, remove, alter or undermine the soil or surface of any railway infrastructure or railway premises interfere with, change or move a structure or property in a manner that causes damage. Access to the railway by easements or for works is covered in section 75 of the Railways Act It states, in part, that no one may exercise a right under an easement or carry out work on, over or under any railway infrastructure or railway premises, without the prior written permission of the appropriate access provider or railway premises owner. The access provider or railway premises owner must consult with any other rail participants who may be affected by the easement or work and, subject to a reasonable fee being paid, may issue a permit setting out the conditions under which any permission is granted. The access provider or railway premises owner may refuse to grant a permit only if it has reasonable grounds in relation to the carrying out or safety of rail activities. See Appendix C - Working on or near level crossings for requirements for working on or near the railway corridor.

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